Terms and Conditions of Service

Updated to: March 10th, 2021.

1. PURPOSE OF THE AGREEMENT. SERVICES.

The following general conditions (“TERMS AND CONDITIONS OF SERVICE”) aim to regulate the contractual basis between VORTEX FACTORIA DE CÀLCULS, S.L. (“VORTEX”) and you, in relation to the software services offered on the website: https://vortexfdc.com/ (“WEB”).

The contracting of the services offered by VORTEX through the WEB will be subject to the contents specified in these TERMS AND CONDITIONS OF SERVICE.

The services offered by VORTEX through the WEB are as follows: access to the platform of data of wind resources in simple and ready to use formats, for projects and development for the wind industry through the Vortex interface. This platform includes data, images, text, software, APIs (application programming interfaces), tools, and other information and materials delivered by VORTEX (“PLATFORM”).

VORTEX uses a group of supercomputers to execute a non-linear flow model (WRF) which escalates big atmospheric patterns (NCAR-NCEP, ECMWF, and NASA) including thin space resolutions (SRTM), generating data of modeled wind resources suitable to be used when there are no measurements available yet.

2. IDENTITY AND IDENTIFICATION OF THE COMPANY.

Corporate name: VORTEX FACTORIA DE CÀLCULS, S.L. NIF (Spanish Tax Identification Number): B-63955348

3. CONTACT INFORMATION OF THE COMPANY.

Address: Parc Tecnològic BCNord, Marie Curie 8-14, (08042) Barcelona, Spain Telephone: (+34) 933.285.868
Email: support@vortexfdc.com

4. REMOTE CONTRACTING OF THE SERVICES.

The contracting of the services offered by VORTEX will be executed remotely, by electronic means, through the WEB and as such is accepted by the contracting parties. The contractual relationship will be completed with the acceptance of the person who contracts the services, expressed through the execution of the user registration process established on the WEB and the filling of the contracting form. This process of registering as a user includes the selection of services and, when appropriate, the applicable rates and the method of payment, as well as the creation of the user profile (“USER PROFILE”) and the acceptance of these TERMS AND CONDITIONS OF SERVICES, as well as the TERMS OF USE, the PRIVACY POLICY and the COOKIES POLICY.

5. DEFINITION OF USER AND CUSTOMER.

For the purposes of these TERMS AND CONDITIONS OF SERVICE, the persons who access and contract the services that VORTEX offers on the WEB will be denominated as USER or CUSTOMER depending on the contents and the services contracted.

The person who contracts the contents and services that VORTEX offers free of charge on the WEB will be denominated as USER.

The person who contracts the contents and services subjects to payment that VORTEX offers on the WEB (MAP, MAST, FARM, SERIES, LES, ICING, INDEX, EXTREMES, TMY, SOLAR SERIES, SOLAR MAP and FORECAST) will be denominated as CUSTOMER.

The services offered by VORTEX under these TERMS AND CONDITIONS are designed specifically to be used by professionals and entrepreneurs within their professional activity. Therefore, these services cannot be used and are not offered to consumers and individual users. Both USER and CUSTOMER are in the position of entrepreneur, enterprise or professional, and accepting these TERMS AND CONDITIONS OF SERVICE, they acknowledge and accept specifically that they are such and do it as professionals or entrepreneurs and within their professional activity.

6. LEGAL AGE OF THE CUSTOMER/USER.

Only the persons of legal age (minimum 18 years of age) will be able to contract the services of VORTEX and register as CUSTOMER or USER. The USER or CUSTOMER contracts the services and accepts these TERMS AND CONDITIONS OF SERVICE and the PRIVACY POLICY, declares to be of age and ensures the veracity of the information provided in the contracting forms on the WEB, and assumes the sole responsibility for providing false or inaccurate data and of the damages that these circumstances might cause to VORTEX or third parties. VORTEX reserves the right to cancel the registration of the USER or CUSTOMER who has delivered false or inaccurate data.

7. THE CONTENTS AND THE INFORMATION PROVIDED ON THE WEB.

VORTEX will be able to modify the characteristics and conditions of the services offered on the WEB at any time, as well as of the rates for these services, having formerly informed about this modification.

In the case of a typing error in the information included on the WEB, this error will be inadvertent, and VORTEX will immediately proceed to correct it. If the CUSTOMER has taken a decision of purchase, based on the typing error in the prices of the services published, VORTEX will immediately inform them about the error and the CUSTOMER will have the right to rescind the purchase without any charge.

8. TYPES OF SERVICES OFFERED.

Depending on the volume of data that the USER or CUSTOMER needs, they can contract the following services:

A. A trial “FREE ACCESS” service, which allows the USER to access and test the services and access the interface and the PLATFORM.

B. Sporadic services “PAY PER RUN”, which allow the CUSTOMER to access the PLATFORM sporadically and to pay only for the data they need.

C. Regular services “PACKAGES”, which allow the CUSTOMER to access the PLATFORM within a minimum of three (3) runs at a special price

D. Permanent services through “SUBSCRIPTIONS”, which allow the CUSTOMER to access the PLATFORM up to 30 times a month at a fixed rate and with progressive discounts depending on the volume of access.

9. CONTRACTING THE SERVICES.

To contract the services, the USER or the CUSTOMER must fill in the contract form indicated on the WEB, in which personal data will have to be included, and select the type of service they want to contract. In the case of the Customer, after contracting the chargeable services, they will have to choose the method of payment (depending on which, the credit or debit card data will have to be added) and they will have to provide the billing data.

In the case of free of charge services, the contracting will be done through the “SUBMIT” button at the end of the Submission form and in this moment the contracting party will assume the status of USER.

In the case of chargeable services, the contracting will be done through the “SUBMIT and PAY” button at the end of the Submission form and in this moment the contracting party will assume the status of CUSTOMER.

Before confirming the contracting of the services, the USER or the CUSTOMER will have to accept specifically; (i) THE TERMS AND CONDITIONS OF SERVICE, by means of activating the box which says: ̈I accept the TERMS AND CONDITIONS OF SERVICE; (ii) the PRIVACY POLICY, by means of activating the box which says: ̈I accept the PRIVACY POLICY ̈.

Likewise, before activating the “SUBMIT AND PAY” button, the CUSTOMER will be able to verify on the screen the total amount of contracted services (including the applicable taxes), the language of the contract, and the services contracted.

Once the services have been contracted, VORTEX will send the USER or the CUSTOMER a confirmation of the contracted services, which will include the terms of the contract, as well as a copy of TERMS AND CONDITIONS OF SERVICE. The CUSTOMER will also receive a receipt

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of the payment and the invoice in an electronic form. VORTEX will also send the USER or the CUSTOMER a personal and non-transferable identifier and an access code with which to access the PLATFORM and the USER PROFILE.

This documentation will be sent at the email address indicated in the contracting form, within the maximum period of twenty-four (24) hours since the contracting of the services takes place and if it is the case, the payment.

A copy of TERMS AND CONDITIONS OF SERVICE will be permanently available on the WEB, the USER or the CUSTOMER will be able to download and save it in an electronic format or print it on paper if they wish.

The contracting of the services offered by VORTEX will also be available via email. The USER or the CUSTOMER who wishes to contract the services via electronic mail will have to send their inquiry to VORTEX via email, indicating the type of services they wish to contract at the following email address; info@vortexfdc.com.

After receiving the inquiry, VORTEX will get in touch with the potential USER or CUSTOMER to start the process of contracting, which will be ruled by these TERMS AND CONDITIONS OF SERVICE.

10. THE DURATION OF THE SERVICES AND PERMANENCE.

The duration of the services will vary depending on the number of accesses to the services contracted by the USER or CUSTOMER. The duration of the agreement will be indicated during the contracting process and also in the information that VORTEX will send to the USER or CUSTOMER once the services have been contracted.

The services indicated in sections A, B, and C of Clause 8 have no permanence. The services indicated in section D of Clause 8 will have a minimum duration of six (6) months.

11. MODIFICATION OF CONTRACT AND SERVICES.

The USER or the CUSTOMER will be able to change the contracted services for other services offered on the WEB at any time during the duration of the agreement. In order to change the contracted services, the USER or the CUSTOMER will have to request it at VORTEX through the following means:

a) By telephone, calling at: (+34)933285868
b) By email, through a message sent at the following email address: VORTEX: support@vortexfdc.com, with the subject  ̈CHANGE OF SERVICES ̈.

The USER or the CUSTOMER will have to indicate the services they have contracted and which other services they wish to contract. Once the change of contracted services has been 4 executed, VORTEX will charge the CUSTOMER the corresponding rate, according to the new services requested. The CUSTOMER will be able to pay the difference through the methods of payment indicated on the WEB.

12. CANCELLATION OF SERVICES.

The USER or the CUSTOMER will be able to cancel the contracted services in a unilateral way once the term of permanence has expired, if this is the case, and will have to do it at a one (1) month notice before the cancellation date. In order to cancel the services, the USER or the CUSTOMER will have to inform VORTEX about it through the following means:

a) By telephone, calling at: (+34) 933 28 58 68.
b) By email, through a message sent at the following address: VORTEX: support@vortexfdc.com with the subject:  ̈CANCELLATION OF SERVICE”.

Once the notice of cancellation has been received, VORTEX will have the period of ten (10) working days to process the request of service cancellation and to inform the CUSTOMER that the cancellation has been executed satisfactorily.

In the case of service cancellation, the CUSTOMER will not have the right to receive the reimbursement or refund of the amount proportional to the remaining time of the duration of services.

13. THE OBLIGATIONS OF THE USER OR CUSTOMER.

The USER or the CUSTOMER are obliged to:

  • Submit true information about the data required in the registration form on the WEB for the contracting of services and keep them updated.
  • Obtain and maintain their hardware and software unit, their units of communication, and other systems necessary to access the WEB, the PLATFORM, and their USER PROFILE.
  • Comply with these TERMS AND CONDITIONS OF SERVICE, as well as any other instructions which VORTEX establishes in order to guarantee the proper service rendered and the correct use of the WEB, the PLATFORM, and the USER PROFILE.
  • Keep their personal key of access to the USER PROFILE with maximum diligence and in a confidential way.
  • Pay for the contracted services when they are chargeable services.

It is forbidden for the USER or CUSTOMER to:

  • Provide or share their username and the password and let third parties access and use the services of the WEB and the PLATFORM through the USER PROFILE.
  • Use the contracted services in a way opposed to what is defined in these TERMS AND CONDITIONS and other instructions provided by VORTEX.

14. OBLIGATIONS OF VORTEX.

VORTEX commits to guarantee the USER or the CUSTOMER access to the contracted services through the correct functioning of the WEB and the PLATFORM as well as all technical conditions necessary for the correct service delivery.

15. DIGITAL CONDITIONS AND TECHNICAL REQUIREMENTS.

The USER or the CUSTOMER will be able to access all the services contracted on-line, through the WEB by accessing the PLATFORM through their USER PROFILE. In order to do so, it will be indispensable for the USER or the CUSTOMER to have Internet access. The Internet service and all the expenses related to this service will be exclusively on the USER ́s or CUSTOMER ̈S account; VORTEX will have no responsibility or obligation to provide this service. The USER or the CUSTOMER will be able to access the WEB, the PLATFORM, and their USER PROFILE from the computer, tablet, or a mobile device.

16. PRICES.

The CUSTOMER will be advised (in a clear and unequivocal manner) about the price of contracted services before the process of contracting is completed and before the payment of the aforesaid price is made.

VORTEX will be able to, whenever considered appropriate, modify the rates of the services offered on the WEB. The modifications of the rates will affect the new CUSTOMERS starting from the moment of contracting the services. In case of the modifications of the rates of active CUSTOMERS, VORTEX will notify the CUSTOMER about this modification of rate in a reliable way, at a two-month notice before the actual change of rate, making it possible for them to cancel the contract of the services at their will and free of charge or penalty charge.

17. TAXES.

The CUSTOMER will be advised of the details of the taxes applicable to the contracted services in a clear and unequivocal way before finishing the process of contracting and the payment of the price. Likewise, the applicable taxes, should the case be, will be reflected and broken down in the document of payment or the invoice sent to the CUSTOMER.

In accordance with Spanish legislation regarding taxes, the contracting of services can be exempt from or not subject to taxes depending on the country of residence of the CUSTOMER. This will be reflected in the document of payment or the invoice sent to the CUSTOMER.

18. METHOD OF PAYMENT.

The CUSTOMER will have to pay the amount for the services through the means of payment specified in the form of the service contract on the WEB, which they will have to indicate clearly. The CUSTOMER will be able to pay for the services with a credit or debit card or a bank transfer.

The payment will be made at the end of the contracting process and for the period indicated by the CUSTOMER in the contract form.

The payment by debit or credit card will be made through the payment platform (REDSYS gateway). The WEB redirects the payment process to the payment platform, codifying the connection and entering the payment data on the safe server of the payment entity.

Should VORTEX be not able to receive the payment made by the CUSTOMER for any reason, the process of contracting the services will be deemed as not completed and not binding. In addition, VORTEX reserves the right to take due legal action to satisfy its right to charge the billing derived from the service delivery.

19. ELECTRONIC INVOICING.

By accepting these TERMS AND CONDITIONS OF SERVICE, the CUSTOMER explicitly accepts and authorizes VORTEX to issue the invoice in the electronic format, which will be sent within the maximum of twenty-four (24) hours at the email address, provided by the CUSTOMER, with billing information specified in the service contracting form.

Notwithstanding the aforesaid, if the CUSTOMER wishes, they will be able to express their will to receive the invoice in the physical format (paper). Should this be the case, VORTEX will make and send the invoice in this format at the address provided by the CUSTOMER. The invoicing request in the paper format shall be completed by an email sent at support@vortexfdc.com.

20. CUSTOMERS FROM CANADA, THE USA, AND MEXICO.

In order to facilitate the operating of the services for CUSTOMERS from Canada, the USA, and Mexico, the contracted services will be managed by Vortex FdC, Inc. (1101 Brickell Avenue, South Tower Suite 800, Miami 33131 FL, USA) which is a part of VORTEX business group. These TERMS AND CONDITIONS OF SERVICE will be fully applicable in the contractual relationship of the CUSTOMERS with the above-mentioned entity.

21. INDUSTRIAL AND INTELLECTUAL PROPERTY.

All the contents and services offered on the WEB and especially those which the USER or the CUSTOMER accesses through the PLATFORM and the USER PROFILE, specifically the software, are the industrial and intellectual property of VORTEX or, if this is the case, of third parties which participate in the creation of the content and the services of the WEB and the PLATFORM and who have accepted their inclusion in the WEB and the PLATFORM for the corresponding purposes (LICENSORS). VORTEX and if this is the case, the licensors are the sole proprietaries of all the improvements, alterations, modifications, corrections, parts, alternative solutions, and other modifications of the WEB and the PLATFORM. The fact of being the USER or CUSTOMER and having access to the PLATFORM and the USER PROFILE doesn’t concede them any right of intellectual or industrial property of the contents and the materials of the PLATFORM or the USER PROFILE, except for when it is contractually established between VORTEX and the USER or the CUSTOMER. The data, images, graphics, texts, icons, software, other audio-visual or sound contents as well as graphic design, source code or binary code, or any other contents or materials are included solely for information purposes.

Likewise, trade names or logos are the sole property of VORTEX or the licensors, except for when specified to the contrary. The USER or the CUSTOMER will have to respect all the rights of intellectual and industrial property related to the services and the contents of the WEB and the PLATFORM. Consequently, it is expressively forbidden for the USER or the CUSTOMER to cede the intellectual and industrial property rights to the services and the contents of the WEB and the PLATFORM.

It is forbidden for the USER or the CUSTOMER to do inverse engineering, decompile, dismantle or try, in any other way to discover the source code or the ideas and algorithms of the software and the rest of the intellectual property included on the WEB or the PLATFORM as well as to translate or create works derived from the program. It is also forbidden to use, reproduce, copy, transform, modify, translate, divulge, publish, transfer or exploit in any way the contents and the materials to which they have access through the PLATFORM, unless as per terms established in the license of use in the clause 22.

In case of any doubts about the intellectual or industrial property of any of the services and contents offered through the WEB and the PLATFORM, you can contact VORTEX.

22. LICENSE OF USE.

With the contracting of the services, VORTEX concedes to the USER and the CUSTOMER a nonexclusive, non-transferable (non-sublicensable), limited and revocable license to access (online access through a web navigator) all the contents and services of the PLATFORM and the USER, in a strictly personal way.

For the ̈FREE ACCESS ̈ services in section A of Clause 8, the USER will only be licensed to use for the purpose of evaluation.

Unless specified in the aforesaid license, any form of reproduction, distribution, public communication, modification, and generally any other act of exploitation or commercial use or any other use of the whole or a part of the PLATFORM (data, images, texts, contents, Software, APIs, tools, materials, etc) is forbidden for the USER or CUSTOMER as well as of the database and specifically the software, except for if they have previously received the specific authorization of VORTEX. Particularly, the USER or the CUSTOMER cannot modify, alter, suppress, eliminate, reproduce, download, print, store, publish, transmit, retransmit, cede, distribute, diffuse, put at the disposal, sell or resell the contents of the WEB and the PLATFORM.

This license does not grant the USER or the CUSTOMER any right of intellectual property of the PLATFORM or the USER PROFILE. VORTEX will terminate any contractual relationship, will cancel the delivery of services, and will block the USER PROFILE of the USER or CUSTOMER who violates these prohibitions, which shall not exclude any other legal action that can be related to the committed infringement.

23. LANGUAGE OF THE CONTRACT.

The language in which the service is provided and consequently, the contractual relationship between VORTEX and the USER or the CUSTOMER is English.

24. RIGHT OF WITHDRAWAL.

The right of withdrawal under the protective regulation of the rights of consumers and users is not applicable to these TERMS AND CONDITIONS OF SERVICE as the services offered by VORTEX are exclusively aimed at professionals, companies, entrepreneurs within the area of their professional activity.

25. RESOLUTION OF THE CONTRACT.

The contractual relationship between VORTEX and the USER or the CUSTOMER can be resolved by:

a)  a mutual agreement of both parties

b)  a breach by the parties of any one of the obligations provided in the present TERMS AND CONDITIONS OF SERVICE

Thus, VORTEX can resolve the contractual relationship with the USER or the CUSTOMER, cancel the delivery of contracted services and block the access to the PLATFORM and the USER PROFILE in a unilateral and immediate action without previous notice to the USER or the CUSTOMER, should the following occur:

a) a breach of the license of use provided in clause 22
b) violation of rules and standards of behavior, which VORTEX can establish to use the services and contracted contents.

26. COMPLAINT PROCEDURE.

For any complaint, reclamation, consultation, or incidence of the USER or CUSTOMER related to contracting the services, or the access to the contents of the WEB, VORTEX makes a CUSTOMER SERVICE available to the USER or CUSTOMER. Reclamations, consultations, or incidences can be dealt via any of the following means:

a)  By telephone: (+34) 933.285.868

b)  By accessing the CONTACT FORM available on the WEB

c) Via electronic mail, sending your message at the following address: VORTEX: support@vortexfdc.com.

d) By post, sending a letter to VORTEX FACTORIA DE CALCULS, S.L., mailing address at Parc Tecnològic BCNord, Marie Curie 8-14 (08042), Barcelona, Spain.

VORTEX will contact you without delay via electronic mail to confirm that they have received your complaint, reclamation, consultation, or incidence and your identification by the number of your reclamation and within one (1) month maximum they will send the response in writing via electronic mail or by post at the electronic mail address or the postal address indicated by the USER or by the CUSTOMER.

27. PERSONAL DATA PROTECTION.

Following the Regulation (EU) 2016/679 of the Council of the European Union dated 27 April 2016 related to the protection of physical persons, regarding the handling of personal data and free circulation of such data, and by which the Directive 95/46/CE is derogated, and according to Spanish Organic Law 3/2018 of 5 December, of Personal Data Protection and the guarantee of digital rights, VORTEX has adopted all the security measures, legally established for the handling and safekeeping of personal data of the USER and/or CUSTOMER.

The personal data supplied by the USER and the CUSTOMER, collected for the purposes envisaged in the PRIVACY POLICY, will be handled and preserved by VORTEX in accordance with what is stipulated in such PRIVACY POLICY, which will be accepted explicitly by the USER or the CUSTOMER in the moment of contracting the services.

The USER and the CUSTOMER hold the right to request the access, rectification, erasure, restriction or objection to processing and portability of their personal data, as well as the right to withdraw or revoke the consent to hold such data, in accordance with what is stipulated in the PRIVACY POLICY. In order to exercise such rights, one can do so in the following ways:

a) By sending an electronic mail at the following email address: VORTEX: support@vortexfdc.com with the subject ̈PERSONAL DATA ́ ́

b) By post to VORTEX, FACTORIA DE CALCULS S.L., mailing address: Parc Tecnològic BCNord, Marie Curie 8-14 (08042) Barcelona, Spain.

The request sent in any form should be accompanied by your name and surnames as the person concerned, a photocopy of your ID- National Identity Document, and the indication of the right you wish to exercise.

28. GUARANTEES AND LIMITATION OF RESPONSIBILITY.

The services and contents offered by VORTEX through the WEB and the PLATFORM are rendered without any additional guarantee, express or implicit, related to their operation, suitability to trade, including without limits, the guarantee that the contract is free of faults, marketable, apt to a particular purpose, without infringement, capable of integrating with your system, without interference or accuracy in regard to your info Boxes content or the use different from the one provided in the applicable legislation. VORTEX will not respond to the USER or CUSTOMER in any type of claim derived from the licence of use granted in Clause 22 except in case of gross negligence or fraud.

VORTEX will not be responsible, in any case, for the use that the USER or the CUSTOMER might make of contracted services. Likewise, except counter legal provision, VORTEX will not accept any responsibility for the following losses, independently of their origin: i) losses not attributable to non-compliance on their part ii) business losses (including profit cease, entry of contracts, the loss of trade funds or incurred expenses).

VORTEX will not be responsible for any damage, costs, responsibility, or loss of profit caused by the USER, the CUSTOMER or a third party as a consequence of a robbery or unauthorized use, by a third party, of the personal identifier and the access code to the USER PROFILE.

Likewise, VORTEX applies all necessary measures to provide an accurate visualization of the services on the WEB and the PLATFORM, though it is not responsible for minor differences or inaccuracy that might exist due to lack of resolution of the screen used by the USER or the CUSTOMER, or problems with the browser in use or other similar reasons.

29. COMPETENT JURISDICTION AND APPLICABLE LEGISLATION.

The USER or CUSTOMER and VORTEX subject to Spanish legislation. In case of any dispute between the USER or CUSTOMER and VORTEX, linked with the performance of the services and the contractual relationship, like the one related with the TERMS AND CONDITIONS OF SERVICE, parties subject expressly to the Courts of the city of Barcelona (Spain).

30. CESSION OF THE AGREEMENT.

VORTEX will be able to, where appropriate, cede the contractual relationship with the USER or the CUSTOMER and the rights and obligations arising from such relationship to any entity that VORTEX continues to be part of or which succeeds them legally, contractually, always giving previous notice to the USER or the CUSTOMER.

31. MODIFICATION OF TERMS AND CONDITIONS OF SERVICE.

The USER or the CUSTOMER will be notified via the supplied electronic mail of the modification of these TERMS AND CONDITIONS OF SERVICE, except if it is the consequence of applicable regulation, fifteen (15) days minimum beforehand it comes into effect, advising the USER or the CUSTOMER of their right to cancel the contract of service and resolve the contractual relationship without any penalty, should they disagree with such modification.

32. SEVERABILITY.

The invalidity or ineffectiveness of any one of the provisions in the present TERMS AND CONDITIONS OF SERVICE will not affect the validity and enforceability of the other provisions, which will remain in full effect and in full force. In case of invalidity or ineffectiveness of anyone or any one of the provisions of TERMS AND CONDITIONS OF SERVICE, the parties will make their best efforts to achieve the best results that would have been gained by the null or void clause or provision.